Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Adam Leitman Bailey, P.C., Protects Landlord’s Rights Under a 25-Year Old Easement

  • Adam Leitman Bailey, Colin E. Kaufman, Commercial Landlord Representation, Insurance Defense Litigation, Real Estate Litigation, Title Insurance Claims Group

Plaintiff bought a property in 1998; her deed included an easement retained by the vendor to  permit access across its driveway to the loading dock of its then-neighboring warehouse “…for the purpose of permitting ingress and egress of persons and motor vehicles.…” Before 2012, Plaintiff was allowed to traverse Vendor’s driveway to park in the  Full Article…

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The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey

  • http://alblawfirm.com/articles/appellatecourtrulings/ •
  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Insurance Defense Litigation

February 2016 By Adam Leitman Bailey The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG).  This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums. Buyouts  Full Article…

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Finding Individual Tort Liability for Cooperative and Condominium Board Members, the Appellate Division Takes a Large Scalpel to Business Judgment Rule, Thompson Reuters News & Insight

  • Thomson Reuters News & Insight •
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Insurance Defense Litigation, Real Estate Litigation

By Adam Leitman Bailey, John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not  Full Article…

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Applying the Business Judgement Rule: Individual Tort Liability for Co-op & Condo Boards, The Cooperator

  • The Cooperator •
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Insurance Defense Litigation

By Adam Leitman Bailey February 1st, 2013 Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board  Full Article…

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State Legislators, Insurers and Courts to Homeowner Associations: We Will Not Insure Intentional Torts, Probate Property

  • Probate Property •
  • Adam Leitman Bailey, Insurance Defense Litigation

By Adam Leitman Bailey & Adam Blander September 1st, 2013 Adam Leitman Bailey is the principal of Adam Leitman Bailey, P.C., in New York, New York. Adam Blander was a legal intern at Adam Leitman Bailey, P.C., and is now a law clerk for New York Supreme Court Judge Barbara Jaffe. This article discusses the  Full Article…

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Sandy, One Year Later: Issues Facing Property Owners, New York Law Journal

  • New York Law Journal •
  • Commercial Leasing Services, Insurance Defense Litigation, Landlord Representation, Tenant Representation

By Adam Leitman Bailey & Dov Treiman October 9th, 2013 Real estate lawyers have been and will be the leaders of the rebuilding process of our storm-torn city. One of our most important functions is to prepare for the next storm or potential casualty. In order to improve our lawyering it is essential that we  Full Article…

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Who’s in charge when ice is falling?, Real Estate Weekly and Apartment Law Insider

  • Real Estate Weekly and Apartment Law Insider •
  • Adam Leitman Bailey, Condominium & Cooperative Representation, Insurance Defense Litigation

By Adam Leitman Bailey and John M. Desiderio January 28th, 2014 So far this winter, New York City has had two severe snow-falls, with accompanying frigid temperatures, and it appears that this weather pattern is likely to hold through the end of February. As a result, snow and ice is accumulating on the roofs and  Full Article…

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Adam Leitman Bailey, P.C. Protects Insured Lender in Common Charge Lien Foreclosure Proceeding

  • https://alblawfirm.com/case-studies/foreclosure-proceeding-2/ •
  • Insurance Defense Litigation

In Board of Managers of Lorraine Terrace Condominium v. Annor, et. al., Adam Leitman Bailey, P.C. successfully protected an insured Lender‘s security interest in a Westchester condominium property, in defeating Plaintiff’s claim that the Lender did not hold the “first mortgage of record” as is defined by § 339-z of New York’s Real Property Law. Section 339-z gives  Full Article…

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  • Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election

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